B-154965, APR. 12, 1965

B-154965: Apr 12, 1965

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H. GILLIAM: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 29. WHICH WAS DISALLOWED BY SETTLEMENT DATED NOVEMBER 30. YOU WERE ENTITLED TO HAVE YOUR HOUSEHOLD EFFECTS NOT TO EXCEED 10. PARAGRAPH 8500 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER WHO ARRANGES FOR THE SHIPMENT OF HIS HOUSEHOLD GOODS AT PERSONAL EXPENSE IS ENTITLED TO REIMBURSEMENT OF SUCH COSTS NOT TO EXCEED THE COST WHICH WOULD HAVE BEEN INCURRED BY THE GOVERNMENT HAD THE SHIPMENT BEEN MADE BY A SHIPPING OR TRANSPORTATION OFFICER. PARAGRAPH 8500 FURTHER PROVIDES THAT CLAIMS FOR REIMBURSEMENT WILL BE PREPARED IN ACCORDANCE WITH REGULATIONS OF THE SERVICE CONCERNED. THE COST OF THE INSURANCE ($240) MAY NOT BE CONSIDERED A REIMBURSABLE ITEM SINCE IT DOES NOT REPRESENT A COST THAT WOULD HAVE BEEN INCURRED HAD THE SHIPMENT OF YOUR EFFECTS BEEN MADE BY THE GOVERNMENT.

B-154965, APR. 12, 1965

TO COMMANDER G. H. GILLIAM:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 29, 1964, FORWARDED TO OUR OFFICE BY THE U.S. NAVY FINANCE CENTER, WASHINGTON, D.C., REQUESTING RECONSIDERATION OF THAT PART OF YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF YOUR HOUSEHOLD GOODS FROM KEY WEST, FLORIDA, TO BRUNSWICK, MAINE, WHICH WAS DISALLOWED BY SETTLEMENT DATED NOVEMBER 30, 1964.

UNDER PERMANENT CHANGE OF STATION ORDERS OF APRIL 5, 1963, AND THE PROVISIONS OF PARAGRAPH 8003 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT AT THAT TIME, YOU WERE ENTITLED TO HAVE YOUR HOUSEHOLD EFFECTS NOT TO EXCEED 10,000 POUNDS, SHIPPED FROM KEY WEST, FLORIDA, TO BRUNSWICK, MAINE. YOU MOVED EFFECTS, ESTIMATED AT 12,662 POUNDS, BY WATER ON YOUR PRIVATELY OWNED HOUSEBOAT BETWEEN KEY WEST AND BRUNSWICK. IT APPEARS FROM THE RECORD THAT THE HOUSEBOAT SERVED AS A RESIDENCE FOR YOU AND YOUR FAMILY AT BOTH YOUR OLD AND NEW DUTY STATIONS.

PARAGRAPH 8500 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER WHO ARRANGES FOR THE SHIPMENT OF HIS HOUSEHOLD GOODS AT PERSONAL EXPENSE IS ENTITLED TO REIMBURSEMENT OF SUCH COSTS NOT TO EXCEED THE COST WHICH WOULD HAVE BEEN INCURRED BY THE GOVERNMENT HAD THE SHIPMENT BEEN MADE BY A SHIPPING OR TRANSPORTATION OFFICER. UNDER THAT AUTHORITY THE MEMBER OBVIOUSLY CAN BE REIMBURSED ONLY FOR THOSE EXPENDITURES THAT OTHERWISE WOULD BE THE RESPONSIBILITY OF THE GOVERNMENT. PARAGRAPH 8500 FURTHER PROVIDES THAT CLAIMS FOR REIMBURSEMENT WILL BE PREPARED IN ACCORDANCE WITH REGULATIONS OF THE SERVICE CONCERNED. IN THIS CONNECTION, PARAGRAPH 58130, VOLUME V, TRANSPORTATION OF PROPERTY, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, GENERALLY REQUIRES THAT CLAIMS FOR REIMBURSEMENT OF THE COST OF SHIPPING HOUSEHOLD GOODS BE SUPPORTED BY CERTAIN DOCUMENTS RECEIPTED AS PAID IN FULL. YOUR CLAIM IN THE AMOUNT OF $864.16 CONSISTS OF EXPENDITURES FOR ITEMS SUCH AS GAS, OIL, DOCKAGE FEES, ETC., AND INCLUDES, AS ITEMS OF COST, INSURANCE ON THE BOAT, PURCHASE OF ICE, AND BOAT REPAIRS. THE COST OF THE INSURANCE ($240) MAY NOT BE CONSIDERED A REIMBURSABLE ITEM SINCE IT DOES NOT REPRESENT A COST THAT WOULD HAVE BEEN INCURRED HAD THE SHIPMENT OF YOUR EFFECTS BEEN MADE BY THE GOVERNMENT, AND THE PURCHASE OF ICE ($14.31) APPEARS TO BEAR NO RELATION TO THE COSTS OF SHIPPING YOUR HOUSEHOLD GOODS. ACCORDINGLY THE COST OF THESE ITEMS WERE SUBTRACTED FROM YOUR CLAIM. SIMILARLY NO AMOUNT MAY BE ALLOWED AS REIMBURSEMENT FOR BOAT REPAIRS ($126.09) SINCE THIS IS NOT REGARDED AS A REIMBURSABLE SHIPPING COST. THE OTHER ITEMS INVOLVED REASONABLY APPEAR TO BE REIMBURSABLE SHIPPING EXPENSES.

WITH RESPECT TO THE ALLOWABLE WEIGHT, PARAGRAPH 8000-2 OF THE JOINT TRAVEL REGULATIONS DEFINES THE TERM "HOUSEHOLD GOODS" AS INCLUDING HOUSEHOLD GOODS, CLOTHING, BAGGAGE, ALL OTHER PERSONAL EFFECTS OF A SIMILAR CHARACTER, ETC. WHILE ELECTRIC POWER TOOLS ARE IN COMMON USAGE IN HOME REPAIR AND HOBBY WORK, YOUR ITEMIZATION OF WHAT APPEARS TO BE HEAVY ELECTRIC POWER EQUIPMENT AND CHAIN HOIST WOULD SEEM TO BE OPEN TO SOME QUESTION AS POSSIBLY BEING FOR THE USE AND OPERATION OF THE HOUSEBOAT RATHER THAN AN ITEM OF HOUSEHOLD GOODS AS CONTEMPLATED BY THE REGULATIONS. HOWEVER IT APPEARS THAT OTHER ITEMS ACCEPTABLE UNDER THE REGULATIONS TOTALED MORE THAN THE 10,000 POUNDS AUTHORIZED IN YOUR CASE. SETTLEMENT THEREFORE WAS PROPERLY MADE IN YOUR FAVOR IN AN AMOUNT REPRESENTING 10,000/12,662 OF THE OTHERWISE REIMBURSABLE SHIPPING EXPENSES, IN THE AMOUNT OF $483.76 ($864.16 LESS $240 INSURANCE, $14.31 ICE AND $126.09 BOAT REPAIRS), OR $382.06, SUCH AMOUNT REPRESENTING THAT PART OF THE OTHERWISE ALLOWABLE EXPENSES FOR SHIPMENT OF YOUR EFFECTS, WEIGHING 12,662 POUNDS, THAT MAY BE ASCRIBED TO SHIPPING THE 10,000 POUNDS AUTHORIZED INCIDENT TO YOUR CHANGE OF STATION.

ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 30, 1964, WAS CORRECT AND IS SUSTAINED.

WE MAY AUTHORIZE PAYMENT OF CLAIMS FROM PUBLIC FUNDS ONLY IF SUCH PAYMENT IS AUTHORIZED BY THE APPLICABLE LAW AND REGULATIONS. THE FACT THAT YOU MAY HAVE CHOSEN A METHOD OF TRANSPORTATION OF YOUR HOUSEHOLD GOODS WHICH RESULTED IN A SAVINGS TO THE GOVERNMENT AFFORDS NO BASIS TO ALLOW YOU AN ADDITIONAL AMOUNT NOT AUTHORIZED BY THE LAW AND REGULATIONS.